The convention over commercialreferred aspects of the rights at the mental property (Austria: Agreement over commercialreferred aspects of the rights of the mental property) or tri HP agreement (English Agreement on trade Related Aspects OF Intellectual Property Rights, frz. Accord sur les aspects droits de intellectuelle qui touchent outer commerce) is an international agreement in the area of the It specifies minimum requirements for national juridical systems, in order to guarantee "that the measures and procedures for the penetration of the rights of the mental property do not become barriers for the legal trade".

Meaning of the tri HP agreement

The tri HP agreement regulates right areas how:

• Copyright, trademark law and patents
• geographical data
• Design patent
• Semiconductor protection
• the protection not revealed information (professional secrets)
• the fight of competition-adverse practices in contractual licenses.

The tri HP agreement demands minimum criteria among other things from the member states within the following ranges:

• Copyrights must remain at least 50 years long starting from the death of the author upright received
• Must be entitled to copyright automatically and requires no formality like a registration or an application for extension
• Computer programs must be regarded independently of their form as "works of the literature" in the sense of copyright and be received therefore also the same protection
• National exceptions of copyright (how "fair use" in the USA) must be strongly limited
• Patents must be granted in all technical areas (independently of whether this is also generally interest)
• The exceptions of the Patent Act must be nearly just as strictly limited as the exceptions of the copyright law
• In each state laws over mental property may not grant the own inhabitants of any more rights or advantages than citizens of other tri HP states (this also resident treatment mentioned). The tri HP agreement possesses also a most-favored nation clause.

Many of the tri HP regulations on the copying prohibition were taken over by that Bernese agreement to the protection of works of the literature and art. Also it may not remain unmentioned that a great many tri HP regulations in Europe form only a confirmation of existing right and that into Europe the right continues to go often as the tri HP agreement: in Europe copyright e.g. takes 70 years starting from the death of the author, where the tri HP agreement prescribes only minimum 50 years.

History

HOLE

The tri HP agreement was added to the general tariff and trade agreement (HOLE) at the end of the Uruguay round 1994. The inclusion tri HP agreements took place particularly supported on urge of the United States, via the European Union, Japan and other first world countries. The campaigns of the one-sided economic encouragement (under the general preference system) and the obligation had further influence (under section 301 "trade of the act"). The American strategy for the linkage of commercial guidelines with guidelines of the mental property has its origin in the eighties in the guidance floor of Pfizer Inc., a global Pharmazeutik enterprise. Pfizer mobilized 12 further international US enterprises and united with these in the "Intellectual Property Committee" (IPC). The IPC made the maximization of privileges at mental property by lobbying the Top priority of the US commercial policy.

After the Uruguay round the HOLE became the basis of the world trade organization (World Trade Organization). After the ratification of the tri HP agreement is obligating for a World Trade Organization membership, each State of, the entrance to the markets of the World Trade Organization members must attain wants, that convert very strict regulations of the mental property of the tri HP agreement into national right.

World Trade Organization

Beyond that the tri HP agreement possesses a powerful penetration mechanism contrary to other international agreements. States, which do not arrange their right system for mental property triHP conformal, can be disciplined by the World Trade Organization arbitration of arguments mechanism, that it made possible to impose commercial sanctions against states.

Criticism

Since the tri HP agreement stepped into force, the World Trade Organization must argue with increasing criticism of developing countries, scientists and non-governmental organizations (NGOs). Due to the decision-making processes in the World Trade Organization it is however very improbable that even an enormous political opposition could contribute much to defuse the tri HP agreement.

By lobbyists in things copyright frequently political specific obligations with reference to alleged obligations from the TRIPS agreement are spread and used for the penetration of national regulation projects.

It is shown that a contract, which was meant for commercial adjustment for one is not to serve economically no more expansion of the legal protection which can be founded in favor of the groups earning at the legal protection. As reason for the expansion on the part of the proponents the refinancing of development costs is called.

AIDS medicines

The most violent argument took place over AIDS medicines for Africa. Despite the untenable role, which patents in Africa played with scooping out the public health service, the tri HP agreement was not amended. Instead in November 2001 the "Doha Declaration" was published, a describing statement. This points out that states are not to be prevented by the tri HP agreement to master crises in public health service. For this time the United States (and in smaller extent also different developed nations) work on go-eat the PhRMA (agency of the pharmaceutical industry in the USA) to keep the effects of this explanation as small as possible.

Here it should not be surveyed however that the majority of the medicines is not patented (more), and that also these non-patented medicines for different reasons are not sufficiently available everywhere in Africa. A reason is the infrastructure lacking in many African countries. Another problem is the widespread corruption; also favorably available made medicines reach not necessarily the patients in the so-called developing countries, but instead exports. Under free market conditions investments of private enterprises in the research and development are to be only expected, if the costs can be gained be covered and profits.

Software patents

The American European Union delegation held on the occasion of the debate around the reorganization of software patenting the opinion, it is after TRIPS article 27 not possible software patents completely to be forbidden. This was confirmed also by patent lawyer federations.

The German federal patents court is there completely different opinion:

"Also the convention over commercialreferred aspects of the rights of the mental property (trade Related Aspects OF Intellectual Property Rights = TRIPS) leads to no other evaluation of the patentability. Apart from the question, in which form the tri HP agreement - direct or indirect - is applicable (...), also consulting of kind 27 Abs 1 tri HP agreement here to a large protection would not lead. With the there formulation, according to which patents for inventions in all fields of the technology should be available, in the reason only so far already the view prevailing in the German patent law is confirmed, according to which the term of the technology is the only useful criterion for the demarcation of inventions in relation to different mental achievements, therefore the a condition for the patentability (in the decision of the BGH "logic verification" to that extent the speech of "subsequent confirmation" of the iurisdiction is by the regulation in kind 27 Abs 1 tri HP agreement). Also the exclusion facts of the "§1 Abs 2 NR 3 and Abs 3 PatG can be seen to 1 tri HP agreement before the background that it is based on the thought of the missing technical character of these articles, not in the contradiction to kind 27 Abs."

Text of the relevant tri HP regulation: "Article 27 (Patentable Subject of matte)

1. Subject ton the commission OF of paragraph 2 and 3, patent shall available for any inventions, more whether products or processes, in all fields OF technology, provided that they acres of new, involve OF capable to inventive steps and of acres industrial application. Subject ton paragraph 4 OF Article 65, paragraph 8 OF Article 70 and paragraph 3 OF this Article, patent shall available and patent rights enjoyable without discrimination as ton the place OF invention, the field OF technology and more whether products acres imported or locally produced. "

By European organizationorganization organizations here accented the fact that a patent be given must for each invention in each technical area those again, non-obviously and is commercially applicable, but that patent protection is just as clearly not desired for obvious inventions (no "inventive steps") and/or for non-technical innovations.

Microsoft

The European commission imposed to 24. March 2004 because of abuse of the dominating the market position at PC operating systems a punishment of 497,2 millions euro against the company Microsoft; this wants to contest both before the European Court of Justice and in hope for the support of the government of the United States of America before the World Trade Organization for basis of the tri HP agreement the judgement.

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